Despite widespread calls for Green party leader Elizabeth May's inclusion in the televised leaders' debates, it appears this was one battle she was not going to win — at least during this election.

Federal Judge Marc Nadon declined Tuesday to hear the party's case for May's inclusion in next week's debates, meaning the decision to exclude her by the broadcast consortium stands.

"Obviously we're disappointed with the court's decision to not even hear the case on its merits," said Green party spokesperson Camille Labchuk. "Democracy has been denied. But this is only one court. There is also the court of public opinion, which has clearly indicated that people want to see Elizabeth May in the debates.